By James Okoth
The Employment and Labour Relations Court in Kisumu has stopped an attempt by Homa Bay Governor Gladys Wanga to remove the County Executive Committee (CEC) Member for Lands, Physical Planning, Housing and Urban Development, Dr Peter Ogola, from office pending a full hearing of his constitutional petition.
Justice Nzioki wa Makau, sitting in Kisumu on 24th December 2025, certified the case as urgent and issued conservatory orders barring the county from removing Dr Ogola from office until the matter is heard inter partes on 19th January 2026.
“Pending the hearing inter partes, there be a conservatory order barring the Respondents from removing the Petitioner from office,” ruled Justice Makau.
Dr Ogola, through his lawyer Clifford Otieno Obiero, filed the petition accusing the Governor, the County Government of Homa Bay and the County Secretary of violating the Constitution by attempting to force him out of office without notice, reasons or a hearing.
In his court papers, Dr Ogola said he was ambushed with an Executive Order dated 1st December 2025 and a letter dated 2nd December 2025, which were delivered to him on 21st December 2025, directing him to hand over office immediately. He termed the move a blatant violation of Articles 41 and 47 of the Constitution, arguing that no allegations of misconduct or incompetence had ever been raised against him.
“The actions by the Respondents constitute a constructive, unlawful and unconstitutional removal from office, in violation of my rights to fair labour practices and fair administrative action,” Dr Ogola stated in his supporting affidavit.
The petition further claims the decision was deliberately timed to coincide with the festive season, with the intent of denying him access to justice.
Mr Obiero, in a certificate of urgency, told the court that unless it intervened, the Respondents would force the Petitioner out of office, appoint a replacement and stop his salary, thereby subjecting him and his dependants to immediate financial distress.
The lawyer emphasised that his client is the sole breadwinner and supports a sick family member who depends on his income for medical care.
“The impugned actions were timed and served on the eve of Christmas with the clear intention of ambushing the Petitioner and defeating timely judicial intervention,” said Mr Obiero.
Dr Ogola, who earns a monthly salary of KSh 413,079, argues that the move to eject him from office was done without following due process, amounting to abuse of executive authority and breach of constitutional values of transparency, accountability and fair administrative action.
In his petition, he seeks declarations that the Executive Order and letter are unconstitutional and an order quashing them, as well as an injunction restraining the county from removing or replacing him without due process.
The court’s interim order effectively preserves the status quo, shielding Dr Ogola from dismissal, salary stoppage or replacement until the next hearing.
The case, filed under Articles 41, 47 and 232 of the Constitution, will now proceed to a full hearing in January 2026, in what is expected to be a landmark test of executive accountability in county governance.
